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(영문) 서울북부지방법원 2017.01.25 2016고정1609
명예훼손
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 9, 2016, the Defendant damaged the victim’s reputation by openly pointing out false facts by stating that “F has been punished by a fine of one million won, even though it did not go to the victim F,” at a D restaurant located in Seoul Central-gu Seoul Metropolitan Government, three other customers, other than the members of the E Apartment Election Management Committee, were heard.”

2. On March 21, 2016, the Defendant, at around 21:00, damaged the reputation of the victim by openly pointing out the fact that “F has given a notice of the result of the disposition taken by the victim F,” in the room where there are members other than the chairperson of the Election Management Committee in the office of the representative meeting of the occupants of the apartment building, Jung-gu, Seoul Metropolitan Government E-gu.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Each police statement made to F and G;

1. Complaint;

1. Application of statutes that notify the result of disposition;

1. Relevant Article 307(2) of the Criminal Act and Article 307(2) of the Criminal Act regarding criminal facts, the choice of punishment, and the choice of fines, respectively.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion about the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order for the purpose of the public interest of the apartment residents stated in the facts charged because each act of the defendant's defense counsel stated in the facts charged was solely for the victim's representative qualification, and thus, the defendant's each act of the above defendant's defense counsel

However, in recognition by the evidence of this case, it seems that the defendant was sentenced to a fine or heavier punishment in relation to housing management due to the following reasons: the overall contents of the horses of this case or the defendant's behavior; the motive and background leading up to the defendant's words or behavior; and the representative of the above apartment management agreement.

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